EPA and DOJ today announced a settlement with Duke Energy Corp to resolve CAA violations at 5 coal-fired power plants across North Carolina. The settlement resolves long-standing claims that Duke violated the federal CAA by unlawfully modifying 13 coal-fired electricity generating units located at the Allen, Buck, Cliffside, Dan River, and Riverbend plants, without obtaining air permits and installing and operating the required air pollution control technologies.
Duke recently shut down 11 of the 13 units, and under this settlement those shutdowns also become a permanent and enforceable obligation under the CD. At the remaining 2 units, Duke must continuously operate pollution controls and meet interim emission limits before permanently retiring them. In addition, the settlement requires that Duke retire another unit at the Allen plant, spend a total of $4.4 million on environmental mitigation projects, and pay a civil penalty of $975,000. The U.S. is joined in the settlement by co-plaintiffs Environmental Defense, the North Carolina Sierra Club, and Environment North Carolina.
EPA estimates that the settlement will reduce emissions by approximately 2,300 tons per year from the three Allen units, as compared to recent emission levels. With these add?l retirements, total emissions from all 13 allegedly modified units ? which were in excess of 51,000 tons in 2000 when the suit was filed ? will be zero.
The United States initially sued Duke in 2000, and trial was set to begi